CJD v CJE AND ANOTHER

[2021] SGHC 61, Singapore High Court, Judicial Commissioner S Mohan, 19 March 2021

Arbitration – Joinder of a third party – Award – Whether third party agreed in writing to be joined – LCIA Rules 2014, article 22.1(viii)

On 24 April 2014 CJD and CJE entered into a joint venture agreement for the purpose of developing a residential/commercial tower, hotel and/or service apartments complex. They established a Joint Venture Company in which each held 50 per cent of the shares. The Joint Venture Agreement was also signed by CJF, which owned the entire share capital of CJE. The Joint Venture Agreement contained an arbitration clause which provided for arbitration in Singapore under the rules of the London Court of International Arbitration (LCIA), article 22.1(viii) (now 22.1(x) of the LCIA Rules 2021), stating that the tribunal may "allow one or more third persons to be joined in the arbitration as a party provided any such third person and the applicant party have consented to such joinder in writing following the Commencement Date or (if earlier) in the Arbitration Agreement; and thereafter to make a single final award, or separate awards, in respect of all parties so implicated in the arbitration". After the tribunal had been appointed, CJD applied to the tribunal to join CJF, and argued that CJF had agreed in writing to be joined to the arbitration within the meaning of article 22.1(viii) simply by signing the Joint Venture Agreement. The court disagreed.